Niqab ban at citizenship ceremonies unlawful, as Ottawa loses appeal

The federal government has lost its appeal of a lower court ruling that struck down a ban on wearing niqabs at citizenship ceremonies.

Three justiceson theFederal Court of Appeal, in a ruling from the bench, said they wanted torule now so the woman at the centre of the case could take her citizenshipoath and vote in the federal election on Oct. 19.

• Niqab ruling appeal by federal government underway in court
• Niqabcontroversy: Judge struck down ban without referring to charter
• Baloney meter: Isniqabban needed to prove citizenship applicant's ID?
• Conservatives'niqabban shaped by Quebec's secular charter

The case started with a lawsuitfrom Zunera Ishaq, a devout Muslim who moved to Ontario from Pakistan in 2008 to join her husband. Ishaq agreed to remove her niqab for an official before writing and passing her citizenship test two years ago, but she objects to unveiling in public at the oath-taking ceremony.

In the Federal Courtruling, JudgeKeith Boswellsaid the government policy, introduced in 2011, violates the Citizenship Act, whichstates citizenship judges must allow the greatest possible religious freedom when administering the oath.

Boswell asked how that would be possible, "if the policy requires candidates to violate or renounce a basic tenet of their religion."

WhenJustice Mary Gleason made the ruling Tuesday, Ishaq wiped away tears, hugged her lawyer, shook hands with friends and then left the courtroom to pray.

Ishaq, who had many supporters with her, including her husband and newborn son, told reporters that voting in the coming election is "very important to me."

"Now I am going to be the Canadian citizen, and I will be enjoying the full rights in Canada as well, so very lucky for me," she said outside court.

Justice Department lawyer Peter Southey argued unsuccessfully that the lower court judge made errors in his original decision to overturn the ban. But Gleason said the court sawno reason to interfere with the earlier ruling.

The ban on face coverings sparked a bitter debate in the House of Commons when it was first announced.

At the time, Conservative Leader Stephen Harper said his government's banreflected the views of the "overwhelming majority" of Canadians, including moderate Muslims.

Stephen Lecce, aspokesman for the Conservative campaign,repeated that assertion Tuesday afternoon, addingthat "the governmentis considering all legal options" after losing the appeal.

In a news release, Lecce said the Conservativeswould update Canadians on theirintentionto introduce legislation to ban niqabs at citizenship ceremonies in "the days ahead."

Conservative candidate and Defence Minister Jason Kenney, who introduced the controversial policy when he wasimmigration minister, said hemade the decision to underscore the public nature of theoath becausecitizenship defines whoCanadians are.

"That's why we believe that everyone taking the oath of citizenship, a public act, should do so openly, on equal terms, and without covering their face," he said.

"Today's ruling not only goes against the democratic will of Canadians, but against long-held Canadian values of openness and the equality of women and men."

But Ihsaan Gardee, executive director of the National Council of Canadian Muslims, told CBC News that for the government to pursue yet another appeal at the cost of taxpayers' dollars "would not make much sense when the ruling seems to be very, very clear and reaffirmed today."